Lesbian, Gay, Bisexual, Transgender, Intersex and Queer is collectively referred to as LGBTIQ+. The plus sign denotes other individuals with diverse sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) who identify themselves with other terms. In some cases, LGB, LGBT or LGBTI are used specifically.
About the International Labour Organization
The International Labour Organization (ILO) is a United Nations (UN) agency and the only one that is tripartite in nature. It brings together governments, employers, and workers across 187 member states, including India, with the common objective of setting labour standards and creating policies and programmes that promote decent work for all genders. Founded in 1919 by the Treaty of Versailles, the ILO received the Nobel Peace Prize in 1969 and has its headquarters located in Geneva, Switzerland.
The Insightful Document of ILO
The ILO recently released a document focusing on the inclusion of LGBTIQ+ persons in workplaces which puts forth certain recommendations to ensure equal opportunities and treatment for such individuals.
Recommendations Towards Inclusion
1. **National Policy and Labour Law Review:** Governments can assess their country’s work policy environment for LGBTIQ+ persons. This will help in recognizing concrete measures to enhance the legal and policy environment, put an end to discrimination, and comply with international instruments.
2. **Launch of Social Protection Programmes:** ILO recommended member countries to initiate social protection programmes to eliminate barriers commonly faced by LGBTIQ+ persons.
3. **Facilitate Consultation:** It suggests consultation with LGBTIQ+ communities in addition to dialogues with employers’ and workers’ organizations.
4. **Collaboration with Small and Medium Industry Associations:** This includes working with sectoral unions and informal economy workers’ associations to combat discrimination based on gender and sexual identity.
5. **End Discrimination at Workplaces:** Advocating for the elimination of sexual discrimination at workplaces, as diversity, including LGBTIQ+ inclusion, paves the way for a creative environment conducive to economic growth.
6. **Exercise the Right to Freedom of Association:** ILO urges unions to aid LGBTIQ+ workers in organizing and exercising their right to freedom of association.
Status of LGBTIQ+ Community in India
India’s legal stance towards the LGBTIQ+ community was marked by significant cases such as the National Legal Services Authority Vs. Union of India (2014) and Navtej Singh Johar vs. Union of India (2018). The former established “recognition of transgenders as a third gender” as a human rights issue while the latter decriminalised homosexuality. Controversy stirred over same-sex marriages with the Central Government expressing opposition in Delhi High Court. The Transgender Persons (Protection of Rights) Act, passed in 2019, has been criticized due to a lack of understanding of gender and sexual identity.